Washington Drivers: Beware When Crossing State Lines

Changes in Washington State marijuana laws may put residents on the wrong side of the road when they cross state lines and travel to neighboring Idaho, Oregon and Canada. State’s marijuana changes are bound to have far-reaching implications across a wide variety of law-enforcement bodies and jurisdictions where pot is still illegal. As a result, Washington drivers crossing the perimeter of their state may find themselves victims of profiling.

Case in point: On a recent drive through Idaho, a journalist driving a vehicle bearing a Washington State license plate was pulled over after his car swerved across the line on the highway for just a second. The officer who pulled him over asked if he was driving impaired. The officer never mentioned alcohol or prescription drugs, which are rapidly becoming the number one reason for impaired driving. The officer, instead, focused on only one thing-marijuana.

A public information officer with the Idaho State police said that their state officers are aware of the many intoxicants they have to deal with, but stopped short of saying they put an emphasis on marijuana coming from Washington.

Profiling, even when drawn from the context of doing good, generally betrays that goodness. It becomes a prejudice in action, the most basic form of discrimination. No one wishes to experience discrimination, and the costs of profiling will vary from one individual to the next. However, it may be the price Washingtonians will be forced to pay for being the first to test the waters of legalized marijuana.

Washington State Marijuana Activists Fear for Their Industry

Earlier this month, the Seattle City Council voted to require medical marijuana businesses to apply for a license under Initiative 502 regulations designed to regulate recreational marijuana, and medical cannabis activists are afraid it will destroy their industry.

The medical marijuana industry does not want to be incorporated into the same market and some activists believe the government intends to eliminate the medical industry altogether, which would only hurt medical cannabis patients.

The City Council says that they have no such intention. Instead, they are simply trying to pressure the Legislature into action. The governor has already called upon the state liquor board to take up the issue of medical marijuana in January.

When signed into law, the state’s medical marijuana legislation didn’t have any clear rules for buying, selling and processing, or sanitation requirements. Therefore, dispensaries that have emerged in Washington State have largely been unregulated.

If medical marijuana were subject to the same rules as recreational licenses, medical dispensaries in business since 2011 would have to comply with the new, more stringent regulations. This could be extremely costly for some medical businesses, preventing them from passing background checks, or placing them in zoning violations, and forcing them to discontinue operations.

For now, the city council will grandfather in medical marijuana dispensaries under their current rules, but only until 2015 when they will be subject to whatever new rules the state Liquor Control Board decides on. If the statewide limit on marijuana outlets is applied to medical businesses as well, it could make obtaining any kind of marijuana license equally difficult.

Legal Marijuana Trend Spreading in the West

If marijuana advocates in four states can get the required signatures to put the question on ballots in 2014, marijuana could be legalized for another 49 million Americans.

At the moment, public opinion is shifting, and Arizona, California, Alaska and Oregon plan to ride the wave of momentum that was created by Colorado and Washington last year. According to a survey by the Pew research Center released in April, 52 percent of Americans favor legalizing marijuana use.

The Justice Department’s announcement not to intervene in the formation of a regulatory structure to oversee recreational marijuana in Colorado and Washington, as long as prevent out-of-state distribution, access to minors, drugged driving and revenue from going to cartels, will almost definitely help accelerate change in public opinion.

In addition to recreational use, there are efforts to expand the twenty states that allow medical marijuana. Ballot proposals to legalize medical marijuana are being circulated in Arkansas, Florida, Idaho, Nebraska, Utah and Wyoming.

In Oregon, where a referendum to legalize recreational pot narrowly failed last year, two pot measures are being circulated for signatures. In Portland, Maine, voters will consider a measure next month that would allow possession of up to 2.5 ounces of marijuana for adults 21 and older. Economists say that legalizing marijuana could generate $8.7 billion annually in tax revenue for federal, state and local governments.

While many marijuana advocates are hustling to get their initiatives on the 2014 ballots, marijuana proponents in Montana are holding off until 2016 because presidential elections typically bring out more, and younger voters.

Washington Approves New Pot Rules

Washington State Liquor Control Board has just adopted rules to let over 300 retail marijuana stores open their doors across the state. After nearly 11 months of research, negotiations, and heated debates, the WSLCB has announced that applications will be accepted starting November 18^th.

There are many issues that had to be ironed out before the state could move forward with the legalization process. One of those issues was how to create a regulated and controlled legal environment, yet eliminate the out of state trafficking and black markets from cropping up.

Under the new rules, there will be up to 334 marijuana stores given licenses across the state – with 21 in Seattle. Medical marijuana dispensaries have until 2015 to obtain a pot business state license or stop doing business. In addition, one person is only allowed to hold 3 licenses, which is the WSLCB's attempt to prevent marijuana monopolies and large corporate out-of-state business from investing too heavily.

The Washington State Liquor Control Board has built a template for the responsible regulation of marijuana, which will be used by other states and countries around the world. It was extremely important that they get it right the first time.

Medical Marijuana Farmer's Market Opens in Seattle

A medical marijuana farmer’s market recently opened in Seattle where vendors can sell everything from lotions and creams to candy and dried buds. However, the new market was also a venue for a debate over marijuana rights, and director of the World Famous Cannabis Farmers Market, Jeremy Miller said he and market co-founder, Kristin Miller, are ready for a fight.

“It’s so important for everybody that actually values medical cannabis to defend their medical cannabis rights,” he said. State and local leaders are negotiating details on recreational pot regulations, including the number of stores allowed and added costs, and Miller is afraid medical marijuana will be the next target. He is concerned for the patients.

As shoppers visited the market, Miller and others started collecting video testimonials from patients, to support his effort to push for different laws for medical marijuana. Miller believes that medical marijuana use should be overseen by the state’s health department, not the liquor board, and plans to lobby in Olympia next year for the cause.

Patients at the market support Miller’s efforts. Mae Tang, one of the patients interviewed said that all of her pain and symptoms associated with a badly sprained ankle just disappeared with marijuana.  The market also has a program that helps fight for those behind bars on federal marijuana charges by raising money through raffles.

WSLCB Offers Workshops on the Marijuana Licensing Process

The Washington State Liquor Control Board is conducting workshops throughout Washington to educate all those who are interested in the marijuana licensing process. Space is limited, however, and only for those who are seriously interested in pursuing a license to be a marijuana producer, processor, or retailer.

In order to attend a workshop, applicants must be registered with the WSLCB and businesses are only allowed to send two representatives to one workshop. According to the WSLCB website, their mission is to "promote public safety by consistent and fair administration of liquor and cannabis laws through education, voluntary compliance, responsible sales, and preventing the misuse of alcohol, cannabis, and tobacco."

A complete listing of the seminars is available online.

The WSLCB has also published a timeline for the licensing process.

Oct. 08 – Public Hearing on permanent rules in Seattle

Oct. 09 – Public Hearing on permanent rules in Spokane

Oct. 16 – Board Adoption of permanent rules

Oct. 17 – Nov. 1 – Marijuana Licensing Education Seminars

Nov. 16 – Permanent Rules become effective

Nov. 18 – WSLCB begins taking license applications